Urgency Ordinance 22-07 Page 2 of 4
Municipal Code (including Title 17, Zoning and Title 16, Subdivisions), and which did not anticipate two-unit residential developments and urban lot splits in single-family residential zones as contemplated by SB 9, and thus the Municipal Code lacks the objective standards necessary to protect and preserve the local community; and
WHEREAS, the approval of two-unit residential developments and urban lot splits in single-family residential zones based solely on the default standards currently in the Covina Municipal Code, without appropriate regulations governing lot configuration, unit size, height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.
These threats to public safety, health, and welfare justify the adoption of this Ordinance as an urgency ordinance to be effective immediately upon four-fifths vote of the City Council; and WHEREAS, the City Council finds and declares that this Ordinance is necessary and appropriate to protect the health, safety, and general welfare of the community, and all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The facts outlined in the recitals above are true and correct and incorporated into this Ordinance as substantive findings of the City Council.
SECTION 2. Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating two-unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone. Further, this Ordinance is not subject to CEQA under the general rule in CEQA Guidelines Section 15061(b)(3) that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Any development that would be contemplated under this Ordinance must be treated ministerially, and any such projects would be exempt from the environmental review requirements. For the reasons stated above, it can be seen with certainty that there is no possibility that this Ordinance will have a significant effect on the environment.
SECTION 3. The regulations attached to this Ordinance as Exhibit A are hereby adopted and incorporated herein by reference. This Ordinance (Exhibit A) shall govern the two-unit residential developments and urban lot splits processed according to the provisions of SB 9 until such time that the Covina Municipal Code is amended to incorporate the standards contained
Urgency Ordinance 22-07 Page 3 of 4
herein or such other or different standards as may be enacted by subsequent Ordinance of the City Council.
SECTION 4. This Ordinance shall take effect immediately upon four-fifths vote of the City Council.
SECTION 5. The City Council hereby declares, based on the findings set forth above, that an urgency exists and that this Ordinance is necessary and appropriate to preserve the public health, safety, and welfare.
SECTION 6. If any section, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that anyone or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective immediately upon adoption pursuant to Government Code Section 65858.
PASSED, APPROVED, and ADOPTED this 17th day of May, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
APPROVED AS TO FORM:
CANDICE K. LEE, City Attorney
Urgency Ordinance 22-07 Page 4 of 4
CERTIFICATION
I, Georgianna Nicole Alvarez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Urgency Ordinance 22-07 was duly approved and adopted at a regular meeting of said City Council on the 17th of May, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Dated:
GEORGIANNA NICOLE ALVAREZ
Chief Deputy City Clerk
Urgency Ordinance 22-07 Exhibit A
EXHIBIT “A”
REGULATIONS PERTAINING TO SB 9 TWO-UNIT RESIDENTIAL
DEVELOPMENTS AND URBAN LOT SPLITS IN SINGLE-FAMILY RESIDENTIAL ZONES
1. Purpose, Applicability, Definitions, Interpretation.
A. Purpose. The purpose of this Urgency Ordinance is to appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones under California Government Code Sections 65852.21 and 66411.7.
B. Applicability. The standards and limitations outlined in this Urgency Ordinance shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of the Covina Municipal Code (“CMC”). In case of conflicts between the provisions of this Urgency Ordinance and any other provisions of the CMC, the provisions of this Urgency Ordinance shall prevail.
C. Definitions. As used in this Urgency Ordinance, the following terms shall have the following meanings:
1. ADU and JADU shall have the meanings ascribed to these terms in CMC chapter
17.69 (Accessory Dwelling Units).
2. “Director” means the City of Covina Director of Community Development.
3. “New primary dwelling unit” shall mean creating a new, additional dwelling unit or expanding an existing dwelling unit. ADU or a JADU does not constitute a new primary dwelling unit.
4. “Single-family residential zone” includes the A-1, A-2, E-1, E-1/2, E-21/2, E-5, R1-20,000, R-1-10,000, R-1-8500, and R-1-7500 zoning districts.
5. “SB 9” means a state law passed by the California state senate and approved by the Governor on September 16, 2021. The bill amends Government Code Section 66452.6 and adds Government Code Sections 65852.21 and 66411.7.
6. “SB 9 two-unit residential development” shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review according to California Government Code Section 65852.21 and this Urgency Ordinance. A housing development contains two residential units if the development proposes no more than two new units or proposes adding one new unit to one existing primary unit.
7. “Urban lot split” shall mean a parcel map subdivision permitted according to the regulations outlined in SB 9 that creates no more than two parcels of approximately equal size.
Urgency Ordinance 22-07 Exhibit A
8. “Lot area” shall mean the total area measured horizontally within the lot lines and shall not have a slope steeper than four to one (4 feet horizontal to 1 foot vertical).
D. Interpretation. The provisions of this Urgency Ordinance shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this Urgency Ordinance to the extent prohibited by any provision of state law.
2. Permit Application and Review Procedures
A. Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.
B. Review. Consistent with state law, the Director will consider and approve or disapprove a complete application for an SB 9 two-unit residential development, or an urban lot split ministerially, without discretionary review or public hearing.
C. Nonconforming Conditions.
1. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected.
2. The correction of legal non-conforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.
D. Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until all required documents have been recorded and submitted to the City.
E. Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees, and consultants from all claims and damages (including attorney’s fees) related to the approval and its subject matter.
F. Denial Based on Specific, Adverse Impacts. Notwithstanding anything else in this section, the Building Official may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the Building Official makes a both of the following written findings, based on a preponderance of the evidence, that: 1) the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, upon either public health and safety or on the physical environment and 2) there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
3. Qualifying Requirements.
A proposed urban lot split or SB 9 two-unit residential development must meet all of the following requirements to qualify for a ministerial review according to the provisions of this
Urgency Ordinance 22-07 Exhibit A
Urgency Ordinance. The applicant shall be responsible to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each property owner shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met.
A. The subject property shall be located within a single-family residential zone.
B. The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein.
Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.
C. The proposed development shall not be located within a historic district or on the property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a city landmark or historic property pursuant to a city ordinance.
D. The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, Ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
E. The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.
F. The proposed development shall not involve the demolition of more than 25 percent of the exterior walls of an existing dwelling.
G. The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years.
H. In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.
I. In the case of an urban lot split, the lot proposed to be subdivided (“subject lot”) is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.
J. No unpermitted construction or illegal non-conforming zoning conditions shall exist on the property.
K. Except where superseded by this Ordinance, development shall comply with the objective standards of the zone in which the lot is located.
4. Permitted Locations
An urban lot split or SB 9 two-unit residential development shall be on a lot located within a single-family residential zone. Any lot located within a RD multiple-family zone or a
Urgency Ordinance 22-07 Exhibit A
mixed-use overlay zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development.
5. Number of Dwelling Units Permitted on a Lot
A. Notwithstanding any other provisions of the CMC, state law requires the City to permit a lot located within a single-family residential zone to contain up to two primary dwelling units. The two units must be developed and maintained to comply with the requirements outlined in this Urgency Ordinance.
B. No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. For purposes of this subdivision, the two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs.
Examples are as follows:
1. one primary dwelling unit and one ADU (detached or attached); or
2. one primary dwelling unit and one JADU; or
3. two dwelling units.
The combination of two dwellings units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.
6. Separate Conveyance
A. Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings must be held equally and undivided by all individual owners of the lot.
B. Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.
7. Residential Use Only
Non-residential use is not permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.
8. No Short-Term Rentals Permitted
The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.
9. Housing Crisis Act Replacement Housing Obligations.
If the proposed development results in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed according to subsection (d) of Government Code Section 66300.
10. Development Standards and Design Criteria
A. Development Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria outlined in this section. In addition, except as modified or provided by this section or state law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development
Urgency Ordinance 22-07 Exhibit A
standards applicable to the lot as outlined in this title and all applicable objective standards and criteria contained in standard plans and specifications, policies, and standard conditions duly promulgated and adopted by the City, and the Los Angeles County Fire Department.
B. Minimum and Maximum Unit Size. Minimum 800 square feet and up to a maximum of 1,000 square feet for each new primary dwelling unit.
1. A primary dwelling that was legally established on the lot, prior to the submittal of a complete application for an SB 9 two-unit development or an urban lot split with a total floor area greater than 1,000 square feet shall be limited to its current lawful floor area and shall not be expanded.
2. A primary dwelling that was legally established on the lot, prior to the submittal of a complete application for an urban lot split or an SB 9 two-unit residential development with a floor area smaller than 800 square feet may expand the floor area up to 1,000 square feet.
C. Building Height. Each new primary dwelling unit shall be one story with a maximum building height of 16 feet, measured from ground level to the highest point on the roof.
D. Setbacks.
1. New Primary Dwelling Units. The following are minimum setbacks from the property lines for each new primary dwelling unit and any attached garages and accessory structures to a new primary dwelling unit.
a. Front Setback: 25 feet
b. Interior Side Setback: 4 feet
c. Street Side Setback: 12.5 feet
d. Rear Setback: 4 feet
e. Reverse Corner Lot Setback: 15 feet
2. Detached Garages and Accessory Structures. The following are minimum setbacks from the property lines for detached garages and accessory structures on a lot. a. Front Setback: 25 feet
b. Interior Side Setback: 4 feet
c. Street Side Setback: 12.5 feet
d. Rear Setback: 4 feet
e. Reverse Corner Lot Setback: 15 feet
3. Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.
4. Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances:
Urgency Ordinance 22-07 Exhibit A
a. No increased setback is required for an existing structure or for a new primary dwelling unit that is constructed in the same location and to the same dimensions as an existing structure.
b. A required minimum setback may be reduced pursuant to subsection if it would (i) physically preclude the development or maintenance of two dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 800 square feet in floor area, but must comply with building codes. c. Permitted projections into required yards. The following architectural features may project into any required setback a maximum of 2 feet: cornices, eaves, belt courses, sills, buttresses, planter boxes, masonry planters, guard railings, chimneys, and similar architectural projections with no floor area, including, but not limited to, windows and pilasters. Architectural projections must comply with distance separation from building walls or property lines as required by building codes.
E. Building Separation. A minimum building separation of 6 feet shall be maintained between all detached structures on a lot, including residential units, garages, and accessory structures. Building separation must comply with building codes.
F. Maximum Front Setback Coverage. No more than 50 % of the front setback area may contain hardscape, excluding the allowed standard driveway in the front yard.
G. Grading. Grading, filling, excavating and construction activities must comply with health and safety requirements of California Building and Grading Standards. The maximum encroachment into any four to one (4:1) or greater slopes shall not exceed a distance of 6 feet.
H. Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private open space of 200 square feet. The private open space area shall be open and unobstructed from the ground to the sky. The private open space may be located within the interior side or rear setback areas.
I. Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated. Each development shall comply with the CMC Chapter 17.82, Water Efficient Landscape Regulations.
J. Perimeter Block Walls. Each development shall provide a perimeter wall with a maximum height of 6 feet, as measured from the finished grade next to the wall, including any retaining wall portion and up to the top of the wall. Perimeter block walls shall comply with the following requirements:
1. All perimeter walls shall comply with the requirements as contained in CMC Section 17.26.170 through 17.26.210 (Walls, Fences, and Hedges).
Urgency Ordinance 22-07 Exhibit A
2. The property owner shall work with the adjoining property owners to design and construct the perimeter block walls to avoid double walls. If the property owner cannot obtain approval from the adjoining property owners, the property owner shall construct the new wall with a decorative cap to be placed between the new and the existing wall.
3. Perimeter and privacy walls shall be decorative with stucco finish, slump stone or split-face block, or a combination of said materials.
4. Perimeter walls within the 25 feet front yard setback area shall not exceed 3 feet in height from the finished surface.
K. Off-Street Parking.
1. Required Parking. Provide one off-street parking space for each new primary dwelling unit unless one of the following applies:
a. The lot is located within one-half mile walking distance of either (i) a highquality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, including Covina Metrolink Station, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code, including Foothill Transit Center.
b. The lot is located within one block of a car-share vehicle location.
2. Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.
3. Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking.
Open parking spaces may be located within the side or rear setbacks.
4. All required parking spaces shall be 9 feet in width and 19 feet in depth, unobstructed.
5. Each enclosed garage shall maintain the minimum interior parking dimensions of 9 feet width by 19 feet depth, unobstructed. No storage cabinets or mechanical equipment, including, but not limited to water heaters, utility sinks, washers and dryers, solar power battery pack, or similar equipment, shall encroach into the required parking area.
L. Unit Design Standards.
1. If the lot contains an existing primary dwelling that was legally established prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the dominant feature of the roof.
Urgency Ordinance 22-07 Exhibit A
2. If two new primary dwelling units are to be developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.
3. Each new primary dwelling unit shall have the main entry clearly defined, and to the extent possible, shall orient directly toward the street(s) to provide consistency with the neighborhood. Provide a covered entry to the dwelling unit with a minimum depth of 3 feet. Each covered entry shall be proportionate to the building and incorporate architectural features consistent with the overall building design.
M. Laundry Facilities. Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area.
N. Water Heaters. Each new primary dwelling unit shall have a separate hot water facility.
No exterior water heater enclosures shall be permitted.
O. Mechanical Equipment, Metering Devices. Roof-mounted mechanical equipment is not permitted. All ground-mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan and, to the extent possible, be placed outside the required front setback area. If mechanical equipment or metering devices are located between a structure and the property line, provide an unobstructed three-foot-wide path.
P. Access and Circulation.
1. Provide adequate on-site vehicular access, circulation, back-up, and turn-around areas that comply with applicable city standards.
2. The minimum street frontage for a flag lot is is 20 feet. If the lot depth of the new parcel in the rear (flag lot) is more than 150 feet, the minimum street frontage must be 25 feet.
3. Driveways shall maintain a minimum width of 20 feet unless a wider width is required for emergency access.
4. Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles must be provided. The Los Angeles County Fire Department must confirm that all applicable fire and emergency access requirements are met before the City will approve an application.
Q. Refuse Storage Areas. All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and non-recyclable solid waste (“trash containers”) and shall be stored within designated storage areas only.
R. Utilities.
Urgency Ordinance 22-07 Exhibit A
1. Each primary dwelling unit on a lot must have its direct utility connection to the utility / public service provider. However, all new utilities must be undergrounded.
2. The property owner/applicant must obtain all necessary and required easements for providing electricity, gas, water, sewer, and other utility or public service to the lot before issuing any permits for any dwelling unit.
3. Submitted plans shall show the location and dimension of all proposed aboveground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.
S. Building and Safety. All structures built on the lot must comply with current local building standards.
T. Drainage and Stormwater Management. Each lot will drain to the street or an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to city-maintained storm drains within the city right-of-way shall comply with applicable city standards. SB 9 two-unit residential developments and the development on lots created through an urban lot split are subject to CMC Chapter 8.50 (“Storm Water Quality and Urban Runoff Control"). They must comply with all applicable, related rules, requirements, and standards, including, but not limited to, the preparation and implementation of a water quality management plan that meets applicable requirements.
U. Exceptions to Objective Standards.
1. The Director shall approve an exception to any of the standards specified in this Ordinance or any applicable objective zoning, subdivision, or design standards upon determining that complying with the standard would physically preclude the construction of up to two residential units or would physically preclude either of the two residential units from being 800 square feet in floor area to the extent necessary to allow the development of two primary residential units (800 square feet each) on a lot according to this Urgency Ordinance. The City prioritizes some objective development standards over others, as provided in subsection 2, below.
In applying the exceptions required by this subsection, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority.
2. The following standards and requirements of this Urgency Ordinance will not be waived or modified:
a. Building Code requirements;
b. Federal requirements; and
c. Other standards imposed by state law, including but not limited to SB 9.
3. As part of its application, the applicant shall provide a written explanation that (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (b) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two primary residential units on the lot and/or each new unit from being at
Urgency Ordinance 22-07 Exhibit A
least 800 square feet in floor area, and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this subsection.
11. Additional Requirements for Urban Lot Splits
A. Approval. Notwithstanding the Subdivision Map Act or any other provision of CMC Chapter 16 (Subdivisions), an application for a parcel map for an urban lot split is approved or denied ministerially, by the Director, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the requirements of this Urgency Ordinance and applicable objective requirements of CMC Chapter 16 (Subdivisions) and the Subdivision Map Act. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restrictions and easements. A final map must be recorded with the Los Angeles County Recorder.
B. Guidance and Procedures. The City Engineer has the authority to interpret and establish guidelines and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, consistent with state and local law.
C. An urban lot split must conform to all applicable objective requirements of the Subdivision Map Act, including implementing provisions in the CMC, except as otherwise provided in this Urgency Ordinance. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.
D. Lot Size and Lot Area. The parcel map for an urban lot split must subdivide an existing lot to create no more than two new lots of approximately equal lot area, provided that one lot shall not be smaller than 40 percent of the lot area of the original lot proposed for subdivision. Both newly created lots must each be no smaller than 1,200 square feet. Lot area must comply with the definition outlined in the definition section of this Urgency Ordinance and contained in CMC Section 17.04.360.
E. Easements.
1. The owner must enter into an easement agreement with each utility / public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the lots resulting from the urban lot split (“resulting lots”).
2. Each easement must be shown on the tentative parcel map and the final parcel map.
3. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final parcel is approved and recorded with the Office of County Recorder.
F. Lot Access.
1. Each resulting lot must adjoin the public right-of-way.
Urgency Ordinance 22-07 Exhibit A
2. Each resulting lot must have frontage on the public right-of-way of at least 20 feet.
If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.
G. Improvements Required. Each resulting lot must be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City's approval of such related improvement plans and all related entitlements or other approvals required by this Code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this Code.
H. Required Affidavit. Except as provided in Government Code Section 66411.7 for community land trusts and qualified nonprofit corporations, the applicant for a parcel map for an urban lot split must sign an affidavit provided by the City stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the final parcel map for the urban lot split is approved.
12. Compliance with Emergency Access and Service Requirements Development of a lot pursuant to this Urgency Ordinance must conform and comply with all applicable provisions of the fire code and applicable requirements promulgated by the Los Angeles County Fire Department intended to ensure sufficient emergency access is provided or maintained. Prior to submitting a complete application for an SB 9 two-unit residential development or an urban lot split, the applicant shall obtain and provide City with written confirmation from the Los Angeles County Fire Department that the proposed development complies with all such requirements.
13. Deed Restriction.
Prior to approval of a parcel map for an urban lot split or the issuance of a building permit, whichever comes first, for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction (“deed restriction”) recorded against the property, which is in a form prepared by and acceptable to the Director, and that does each of the following:
A. Rental Terms. The rental of any dwelling unit on the property shall be for a term longer than 30 consecutive days.
B. Expressly prohibits any non-residential use of the lot.
C. Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.
Urgency Ordinance 22-07 Exhibit A
D. Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.
E. Expressly prohibits condominium airspace divisions and common interest developments on the property.
F. States that the property was formed and developed according to the provisions of this Urgency Ordinance and is therefore subject to the city regulations outlined in this Urgency Ordinance, including all applicable limits on dwelling size and development.
G. Expressly prohibits more than two dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.
H. Expressly prohibits any subsequent urban lot split for lots that were previously created by an urban lot split under SB 9.
G. States (i) that the deed restriction is for the benefit of and is enforceable by the City, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys’ fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director.
14. Fees
Development of lots pursuant to this section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City.
15. Objective Standard Conditions.
The Director is authorized to promulgate objective standard conditions implementing this section, which are consistent with this Urgency Ordinance, applicable provisions of CMC and state law, that shall apply to the application and development of two-unit developments and urban lot splits, and to publish such standard conditions on the City's internet website.
Applicants must comply with all objective standard conditions duly promulgated by the Director and published on the City's internet website.
16. Expiration of Approval.
The approval of an SB 9 two-unit residential development shall become null and void if construction is not commenced within two years of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. NB 1
Meeting: CC Regular Meeting - Apr 05 2022
Title: Ordinance 22-03, Approving an Urgency Ordinance Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt, read by title only, and waive further reading of Urgency Ordinance 22-03, entitled, "An an Urgency Ordinance of the City Council of the City of Covina, California, Establishing Regulations Pertaining to Two-unit Residential Developments and Urban Lot Splits in Single Family Residential Zones and Declaring the Urgency Thereof." BACKGROUND:
On September 6, 2021, Governor Newsom signed SB 9 into law. Named the "California Home Act,” SB 9 has the potential to alter the longstanding character of single-family zoned neighborhoods throughout California. The most significant part of this new law is that it grants ministerial approval of: (1) a one-time, two-lot subdivision (urban lot split) and subsequent development of up to two units per resulting lot (two-unit development); or, (2) development of up to four units on a lot that is not subdivided. Further, the proposed urban lot splits and the twounit development projects must meet specific qualifying location and development criteria. SB 9 became effective January 1, 2022, and supersedes Covina's local zoning regulations. However, the new law allows cities and counties to customize their subdivision and development standards as long as they do not conflict with state law.
Covina's existing zoning regulations are outdated and do not have sufficient standards to address the SB 9 urban lot split and two-unit developments regarding parking, privacy, scale, and development intensity. In addition, under SB 9, the City does not have the discretion to review and impose reasonable conditions on such SB 9 subdivisions and developments. Accordingly, establishing interim standards for qualifying SB 9 properties would provide the City with clear and measured regulations for how such development can occur while maintaining consistency with state law. It would also allow time for staff to prepare a permanent ordinance and provide recommendations for review by the Planning Commission and the City Council.
DISCUSSION:
Under SB 9, the State requires that local agencies allow Urban Lot Split (subdivision) and Two-unit Development by right. The following is a summary of the salient points of the new State law:
• Qualifying Criteria for both the Urban Lot Split and Two-unit development:
a. Applies to:
i. All single-family residential zone properties within an urbanized area. ii. Properties not in State or local historic district or a historic landmark. iii. Properties not designated as prime farmland or farmland of statewide importance or wetlands identified for conservation or under conservation easement or habitat for protected species.
b. The following properties cannot qualify unless they meet specific requirements:
i. Within a very high fire hazard severity zone,
ii. a hazardous waste site
iii. a delineated earthquake fault zone
iv. and/or within a 100-year floodplain or floodway.
c. Properties must not involve the following:
i. deed-restricted affordable housing for low or moderate incomes; ii. rent-controlled housing;
iii. housing on parcels with Ellis Act eviction within the last 15 years; iv. housing occupancy by a tenant currently or in the previous three years. • Additional Qualifying Criteria for Urban Lot Split (subdivision):
a. The new resulting two lots must have a ratio of 60% and 40% of the original lot size. b. In no case can the smaller lot be less than 1,200 square feet in size. c. The property is not adjacent to another lot split under SB 9 by the same owner or “any person acting in concert with the owner.”
d. The property was not created by a previous SB 9 lot split. • Additional Qualifying Criteria for Two-unit Development:
a. The project does not remove more than 25% of exterior walls on a building that currently has a tenant in the last three years.
• Under State Law, the following standards apply:
a. Must not preclude two units of at least 800 square feet each. b. Must follow local City's setbacks, height, lot coverage, and other development standards except that the side and rear yards cannot exceed 4 feet.
c. City may require one parking per unit, but no parking space required if the lot is within ½ mile of a "high quality transit corridor" or "major transit stop," or within one block of a carshare vehicle. d. Units created by SB 9 cannot be used for short-term rental. e. City may only impose objective zoning, subdivision, and design standards if the City adopts such regulations.
f. Lot split requires ministerial approval for a parcel map per the Subdivision Map Act. g. City may require easements to provide public services and facilities and access to or adjoin public right-of-way.
h. City cannot require right-of-way dedication or off-site improvements. i. Owner must sign an affidavit stating the intention to live in one of the units for a minimum of 3 years.
j. CEQA does not apply.
The implementation of SB 9 could have a negative impact regarding the privacy, parking, scale, and development intensity and could result in an unintended current and immediate threat to the public peace, health, welfare, and safety of the City’s single-family neighborhoods. A quick survey by staff found that some cities such as Pasadena, Rosemead, Arcadia, Rancho Palos Verdes, Garden Grove have adopted Urgency Ordinance to implement SB 9.
A few other cities like Santa Barbara and Dana Point have already amended the zoning code and subdivision ordinance that address SB 9. Staff believes that Covina must take action in adopting the Urgency Ordinance to implement SB 9 and be prepared for potential applications.
In addition to complying with SB 9, the Urgency Ordinance included additional (customized) objective standards for clarity. The following highlights a few of the objectives standards:
• No more than two dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split. The two-unit limitation applies to any combination of primary dwelling units, ADUs, and JADUs. Examples are as follows:
a. one primary dwelling unit and one ADU (detached or attached); or b. one primary dwelling unit and one JADU; or
c. two dwelling units.
The combination of two dwellings units plus one ADU and one JADU are not permitted on a lot that results from an urban lot split.
• Minimum 800 square feet and up to a maximum of 1,000 square feet for each new primary dwelling unit.
• Each new primary dwelling unit shall be one story with a maximum building height of 16 feet. • Each resulting lot must adjoin the public right-of-way. Each resulting lot must have frontage on the public right-of-way of at least 20 feet. If the resulting lot has a lot depth of more than 150 feet, the street frontage shall increase to 25 feet.
The attached Urgency Ordinance (Attachment A) lists all the interim regulations and objective standards in addressing SB 9. Staff recommends that the City Council adopt the Urgency Ordinance, which requires a fourfifths vote of the Council to be enacted. If adopted, the Ordinance would be in effect for up to 45-days, and the City Council can extend the Urgency Ordinance for ten months and 15 days by a subsequent four-fifths vote. If the City Council adopts an Urgency Ordinance at its April 5, 2022 meeting, staff will prepare a time extension of the Ordinance for the May 17, 2022 meeting. Such extension would require a duly noticed public hearing.
FISCAL IMPACT:
There are no direct budgetary impacts associated with the City Council adopting an Urgency Ordinance establishing interim regulations and objective standards for the subdivision and development of qualified SB 9 properties. Staff recommends that the Council direct staff to initiate an amendment to the zoning and subdivision codes and incorporate the objective zoning, subdivision, and design standards relating to SB 9 property development. There will be staff costs associated with this work.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city implementing the provisions of Government Code sections 66411.7 and 65852.21 and regulating two-unit residential developments and urban lot splits is statutorily exempt from the requirements of the California Environmental Quality Act ("CEQA"). Therefore, this Ordinance is statutorily exempt from CEQA in that the Ordinance implements these new laws enacted by SB 9. In addition to being statutorily exempt from CEQA, this Ordinance is also categorically exempt from CEQA under Class 3 as outlined in State CEQA Guidelines section 15303. The Class 3 exemption categorically exempts the construction and location of new, small structures and the conversion of existing small structures from one use to another. This Ordinance is categorically exempt under the Class 3 exemption because the Ordinance regulates the construction of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit in a residential zone.
ATTACHMENTS:
Attachment A - Urgency Ordinance 22-03
Attachment B - California Leglislative Information on SB-9 Attachment C - Examples of Development Scenarios Under SB 9 Respectfully submitted,